Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this EXHIBIT B, are hereby incorporated herein by reference. In the event of any conflict between the terms of the Lease and this EXHIBIT B, the terms of this EXHIBIT B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. EXHIBIT B-1 [PRELIMINARY SPACE PLANS] FINAL PLANS AND SPECIFICATIONS Reference is hereby made to that certain Lease Agreement dated July 30, 1999 by and between AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, as landlord ("LANDLORD"), and AFFYMETRIX, INC., a Delaware corporation, as tenant ("TENANT"), ("LEASE AGREEMENT"). The Final Plans and Specifications (as defined in EXHIBIT B to the Lease Agreement) consists of the following described drawings, specifications and other documents: TITLE OF DRAWING, SPECIFICATION OR OTHER DOCUMENT DATE The Final Plans and Specifications have been initialed by both Landlord and Tenant and are on file with Landlord. INITIALS: LANDLORD _______ TENANT _______ EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: AETNA LIFE INSURANCE COMPANY TENANT: AFFYMETRIX, INC. LEASE DATE: July 30, 1999 PREMISES: Located at 0000 Xxxxx Xxxx, Sunnyvale, California Tenant hereby accepts the Premises as being in the condition required under the Lease, with all Tenant Improvements completed (except for minor punchlist items which Landlord agrees to complete as set forth in the Lease). The Commencement Date of the Lease is hereby established as ___________, 199__ and the Expiration Date is______________, _____. TENANT: AFFYMETRIX, INC., a Delaware corporation By:________________________________ Print Name: ___________________________ Its: ________________________________ Approved and Agreed: LANDLORD: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: Allegis Realty Investors LLC Its Investment Advisor and Agent By:________________________________ Xxxxxxx Xxxxxxxx Vice President EXHIBIT D RULES AND REGULATIONS This exhibit, entitled "Rules and Regulations," is and shall constitute EXHIBIT D to the Lease Agreement, dated as of the Lease Date, by and between Landlord and Tenant for the Premises. The terms and conditions of this EXHIBIT D are hereby incorporated into and are made a part of the Lease. Capitalized terms used, but not otherwise defined, in this EXHIBIT D have the meanings ascribed to such terms in the Lease. 1. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the consent of Landlord. 2. All window coverings installed by Tenant and visible from the outside of the building require the prior written approval of Landlord. 3. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the extent that Tenant is permitted to use the same under the terms of Paragraph 32 of the Lease. 4. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord. 5. Tenant shall not make any duplicate keys without the prior consent of Landlord. 6. Tenant shall park motor vehicles in parking areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow around the Building or the Project and loading and unloading areas of other tenants. Tenant shall not park motor vehicles in the Parking Areas overnight (except to the extent that Tenant's employees are working in the Premises after-hours). 7. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Project and shall cooperate to prevent same. 8. No person shall go on the roof without Landlord's permission. 9. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration. 10. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight. 11. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Project or on streets adjacent thereto.
Appears in 1 contract
Samples: Lease Agreement (Affymetrix Inc)
Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this EXHIBIT B, are hereby incorporated herein by reference. In the event of any conflict between the terms of the Lease and this EXHIBIT B, the terms of this EXHIBIT B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. EXHIBIT B-1 [PRELIMINARY SPACE PLANS] FINAL PLANS AND SPECIFICATIONS FOR TENANT IMPROVEMENTS Reference is hereby made to that certain Lease Agreement dated July 30February 20, 1999 1998 by and between AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, as landlord ("LANDLORD"), and AFFYMETRIXCLASSIFIEDS2000, INC., a Delaware California corporation, as tenant ("TENANT"), ) ("LEASE AGREEMENTAgreement"). The Final Plans and Specifications (as defined in EXHIBIT B to the Lease Agreement) consists of the following described drawings, specifications and other documents: TITLE OF DRAWINGTitle of Drawing, SPECIFICATION OR OTHER DOCUMENT DATE Specification or Other Document Date The Final Plans and Specifications have been initialed by both Landlord and Tenant and are on file with Landlord. INITIALSInitials: LANDLORD Landlord _______ TENANT Tenant _______ EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: AETNA LIFE INSURANCE COMPANY TENANT: AFFYMETRIXCLASSIFIEDS2000, INC. LEASE DATE: July 30February 20, 1999 1998 PREMISES: Located at 0000 Xxxxx Xxxx955 Xxxxxxx Xxxxxx, SunnyvaleXxxxxxxxx, California Xxxxxxxxxx Tenant hereby accepts the Premises as being in the condition required under the Lease, with all Tenant Improvements completed (except for minor punchlist items which Landlord agrees to complete as set forth in the Leasecomplete). The Commencement Date of the Lease is hereby established as ___________, 199__ and the Expiration Date isLandlord has expended _________________________ Dollars ($____________) of the Tenant Improvements Allowance pursuant to EXHIBIT B of the Lease in connection with the planning, design and construction of the Tenant Improvements. The balance of the Tenant Improvements Allowance, _________________________ Dollars ($____________), is available for application by Tenant toward the cost of Alterations in accordance with Paragraph 5(b) of said EXHIBIT B. The Commencement Date of the Lease is hereby established as , 1998 and the Expiration Date is , 2003. TENANT: AFFYMETRIXCLASSIFIEDS2000, INC., . a Delaware California corporation By:: _____________________________________ Print Name: _____________________________ Its: ____________________________________ Approved and Agreed: LANDLORD: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: Allegis Realty Investors LLC Its Investment Advisor and Agent By:: __________________________________ Xxxxxxx Cyntxxx Xxxxxxxx Vice President EXHIBIT D RULES AND REGULATIONS This exhibit, entitled "Rules and Regulations," is and shall constitute EXHIBIT Exhibit D to the Lease Agreement, dated as of the Lease Date, by and between Landlord landlord and Tenant for the Premises. The terms and conditions of this EXHIBIT Exhibit D are hereby incorporated into and are made a part of the Lease. Capitalized terms used, but not otherwise defined, in this EXHIBIT Exhibit D have the meanings ascribed to such terms in the Lease.
1. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the consent of Landlord.
2. All window coverings installed by Tenant and visible from the outside of the building require the prior written approval of Landlord.
3. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the extent that Tenant is permitted to use the same under the terms of Paragraph 32 33 of the Lease.
4. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord.
5. Tenant shall not make any duplicate keys without the prior consent of Landlord.
6. Tenant shall park motor vehicles in parking areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow around the Building or the Project and loading and unloading areas of other tenants. Tenant shall not park motor vehicles in designated parking areas after the Parking Areas overnight (except to the extent that Tenant's employees are working in the Premises after-hours)conclusion of normal daily business activity.
7. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Project and shall cooperate to prevent same.
8. No person shall go on the roof without Landlord's permission.
9. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration.
1000. All Xxl goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight.
11. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Project or on streets adjacent thereto.
Appears in 1 contract
Samples: Lease Agreement (General Magic Inc)
Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this EXHIBIT Exhibit B, are hereby incorporated herein by reference. In the event of any conflict between the terms of the Lease and this EXHIBIT Exhibit B, the terms of this EXHIBIT Exhibit B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. EXHIBIT B-1 [PRELIMINARY SPACE PLANS] FINAL PLANS AND SPECIFICATIONS Reference is hereby made to that certain Lease Agreement dated July 30January 14, 1999 2000 by and between AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, as landlord ("LANDLORD"), and AFFYMETRIXSTANFORD MICRODEVICES, INC., a Delaware corporation, as tenant ("TENANT"), ) ("LEASE AGREEMENT"). The Final Plans and Specifications (as defined in EXHIBIT Exhibit B to the Lease Agreement) consists of the following described drawings, specifications and other documents: TITLE OF DRAWINGTitle of Drawing, SPECIFICATION OR OTHER DOCUMENT DATE Specification or Other Document Date The Final Plans and Specifications have been initialed initiated by both Landlord and Tenant and are on file with Landlord. INITIALS: LANDLORD ________________ TENANT ______________ Landlord Tenant EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: AETNA LIFE INSURANCE COMPANY TENANT: AFFYMETRIXSTANFORD MICRODEVICES, INC. LEASE DATE: July 30January 14, 1999 2000 PREMISES: Located at 0000 Xxxxx Xxxx726 Xxxxxxx Xxxxxx, SunnyvaleXxxxxxxxx, California Xxxxxxxxxx Tenant hereby accepts the Premises as being in the condition required under the Lease, with all Tenant Improvements completed (except for minor punchlist items which Landlord agrees to complete as set forth in the Leasecomplete). The Commencement Date of the Lease is hereby established as ___________, 199________ and the Expiration Date isis ____________________, ______. TENANT: AFFYMETRIXSTANFORD MICRODEVICES, INC., a Delaware corporation By:________________________________ Print Name: ___________________________ Its: Name:__________________________ Title:_________________________ Approved and Agreed: LANDLORD: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation corporation, By: Allegis Realty UBS Brinxxx Xxxlty Investors LLC Its its Investment Advisor and Agent By:________________________________ Xxxxxxx Cyntxxx Xxxxxxxx Vice President EXHIBIT D RULES AND REGULATIONS This exhibit, entitled "Rules and Regulations," is and shall constitute EXHIBIT Exhibit D to the Lease Agreement, dated as of the Lease Date, by and between Landlord landlord and Tenant for the Premises. The terms and conditions of this EXHIBIT Exhibit D are hereby incorporated into and are made a part of the Lease. Capitalized terms used, but not otherwise defined, in this EXHIBIT Exhibit D have the meanings ascribed to such terms in the Lease.
1. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the consent of Landlord.
2. All window coverings installed by Tenant and visible from the outside of the building require the prior written approval of Landlord.
3. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the extent that Tenant is permitted to use the same under the terms of Paragraph 32 of the Lease.
4. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord.
5. Tenant shall not make any duplicate keys without the prior consent of Landlord.
6. Tenant shall park motor vehicles in parking areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow around the Building or the Project and loading and unloading areas of other tenants. Tenant shall not park motor vehicles in designated parking areas after the Parking Areas overnight (except to the extent that Tenant's employees are working in the Premises after-hours)conclusion of normal daily business activity.
7. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Project and shall cooperate to prevent same.
8. No person shall go on the roof without Landlord's permission.
9. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration.
10. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight.
11. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Project or on streets adjacent thereto.
Appears in 1 contract
Lease Provisions; Conflict. The terms and provisions of the Lease, insofar as they are applicable, in whole or in part, to this EXHIBIT Exhibit B, are hereby incorporated herein by reference. In the event of any conflict between the terms of the Lease and this EXHIBIT Exhibit B, the terms of this EXHIBIT Exhibit B shall prevail. Any amounts payable by Tenant to Landlord hereunder shall be deemed to be Additional Rent under the Lease and, upon any default in the payment of same, Landlord shall have all rights and remedies available to it as provided for in the Lease. PRELIMINARY PLANS EXHIBIT B-1 [PRELIMINARY SPACE PLANS] FINAL PLANS AND SPECIFICATIONS Reference is B-2 TENANT IMPROVEMENTS ALLOWANCE DISBURSEMENT MEMORANDUM LANDLORD: XXXXXXX OFFICE PARK INVESTORS LLC TENANT: KYPHON INC. LEASE DATE: September 18, 2003 PREMISES: Located at 0000 Xxxxxxxx Xxxxxx and 000 Xxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx Tenant hereby made confirms and acknowledges that Landlord has disbursed the Tenant Improvements Allowance in full and the restrictions contained in Paragraph 5(c)(iii) of Exhibit B to that certain the Lease Agreement dated July 30, 1999 by are hereby null and between AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, as landlord ("LANDLORD"), and AFFYMETRIX, void. TENANT: KYPHON INC., a Delaware corporation, as tenant ("TENANT"), ("LEASE AGREEMENT"). The Final Plans and Specifications (as defined in EXHIBIT B to the Lease Agreement) consists of the following described drawings, specifications and other documentscorporation By: TITLE OF DRAWING, SPECIFICATION OR OTHER DOCUMENT DATE The Final Plans and Specifications have been initialed by both Landlord and Tenant and are on file with Landlord. INITIALSName: LANDLORD _______ TENANT _______ Title: EXHIBIT C COMMENCEMENT AND EXPIRATION DATE MEMORANDUM LANDLORD: AETNA LIFE INSURANCE COMPANY XXXXXXX OFFICE PARK INVESTORS LLC TENANT: AFFYMETRIX, KYPHON INC. LEASE DATE: July 30September 18, 1999 2003 PREMISES: Located at 0000 Xxxxx XxxxXxxxxxxx Xxxxxx and 000 Xxxx Xxxxx, SunnyvaleXxxxxxxxx, California Xxxxxxxxxx Tenant hereby accepts the Premises as being in the condition required under the Lease, with all Tenant Improvements completed (except for minor punchlist items which Landlord agrees to complete as set forth in the Lease). The Commencement Date of the Lease is hereby established as ___________, 199__ 200 and the Expiration Date is______________is , _____. TENANT: AFFYMETRIX, KYPHON INC., a Delaware corporation By:________________________________ Print : Name: ___________________________ ItsTitle: ________________________________ Approved and Agreed: LANDLORD: AETNA LIFE INSURANCE COMPANYXXXXXXX OFFICE PARK INVESTORS LLC, a Connecticut corporation Delaware limited liability company By: Allegis UBS Realty Investors LLC Its Investment Advisor and Agent LLC, a Massachusetts limited liability company, its Manager By:________________________________ Xxxxxxx Xxxxxxxx Vice President : Name: Title: EXHIBIT D RULES AND REGULATIONS This exhibit, entitled "“Rules and Regulations," ” is and shall constitute EXHIBIT Exhibit D to the Lease Agreement, dated as of the Lease Date, by and between Landlord and Tenant for the Premises. The terms and conditions of this EXHIBIT Exhibit D are hereby incorporated into and are made a part of the Lease. Capitalized terms used, but not otherwise defined, in this EXHIBIT Exhibit D have the meanings ascribed to such terms in the Lease.
1. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the consent of Landlord.
2. All window coverings installed by Tenant and visible from the outside of the building require the prior written approval of Landlord.
3. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the extent that Tenant is permitted to use the same under the terms of Paragraph 32 33 of the Lease.
4. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlordproviding Landlord with a key thereto.
5. Tenant shall not make any duplicate keys without the prior consent of Landlord.
6. Tenant shall park motor vehicles in parking areas Parking Areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow around the Building Buildings or the Project and loading and unloading areas of other tenants. Except for company vehicles, Tenant shall not park motor vehicles in the designated Parking Areas overnight after the conclusion of such day’s business activity for more than five (except to the extent that Tenant's employees are working in the Premises after-hours)5) consecutive days.
76. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or Project and shall cooperate to prevent same.
87. No person shall go on the roof without Landlord's ’s permission; provided, however, that Tenant shall be permitted to go on the roof without Landlord’s permission as necessary to perform Tenant’s obligations under this Lease or to access the Dish.
98. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the BuildingBuildings, to such a degree as to be objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant's ’s expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration.
109. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight.
1110. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the auto parking areas of the Project Parking Areas or on streets adjacent thereto.
11. Forklifts which operate on asphalt paving areas shall only use tires that do not damage the asphalt.
12. Tenant is responsible for the storage and removal of all trash and refuse. All such trash and refuse shall be contained in suitable receptacles stored behind screened enclosures at locations approved by Landlord.
13. Tenant shall not store or permit the storage or placement of goods or merchandise in or around the common areas surrounding the Premises. No displays or sales of merchandise shall be allowed in the parking lots or other common areas.
14. Tenant shall not permit any animals (except those required for persons with disabilities and except for laboratory animals in compliance with Laws), including, but not limited to, any household pets, to be brought or kept in or about the Premises, the Buildings, the Project or any of the common areas; provided, however, that if Tenant brings laboratory animals onto the Premises, then Tenant shall comply with such additional reasonable rules as Landlord shall promulgate to address odors and any other reasonable concerns of Landlord. EXHIBIT E FORM OF TENANT ESTOPPEL CERTIFICATE (herein “Tenant”) hereby certifies to and its successors and assigns that Tenant leases from (“Landlord”) approximately square feet of space (the “Premises”) in pursuant to that certain Lease Agreement dated September 18, 2003 by and between Landlord and Tenant, as amended by (collectively, the “Lease”), a true and correct copy of which is attached hereto as Exhibit A. Tenant hereby certifies to , that as of the date hereof:
1. The Lease is in full force and effect and has not been modified, supplemented or amended, except as set forth in the introductory paragraph hereof.
2. Tenant is in actual occupancy of the Premises under the Lease. To Tenant’s current actual knowledge, Landlord has performed all obligations under the Lease to be performed by Landlord to date, including, without limitation, completion of all tenant work required under the Lease and the making of any required payments or contributions therefor. Tenant is not entitled to any further payment or credit for tenant work.
3. The initial term of the lease commenced , and shall expire , .
4. Tenant has not paid any rentals or other payments more than one (1) month in advance except as follows: .
5. Base Rent and additional Rent have been paid through , . There currently exists no claims, defenses, rights of set-off or abatement to or against the obligations of Tenant to pay Base Rent or Additional Rent or relating to any other term, covenant or condition under the Lease.
6. To Tenant’s current actual knowledge, Landlord is not currently in default under the Lease and there are no events or conditions existing which, with or without notice or the lapse of time, or both, could constitute a default of Landlord under the Lease or entitle Tenant to offsets or defenses against the prompt payment of rent except as follows: . To Tenant’s current actual knowledge, Tenant is not in default under any of the terms and conditions of the lease nor is there now any fact or condition which, with notice or lapse of time or both, will become such a default.
Appears in 1 contract
Samples: Lease Agreement (Kyphon Inc)
